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Inheritance tax, mainly contained in the Inheritance Tax Act 1984.
An interest in possession trust (see also life interest trust): prior to FA 2006, creating an IIP trust was a PET and the life tenant was treated as owning the assets for IHT purposes. Since FA 2006, it is only possible to create an IIP trust during lifetime for certain specified beneficiaries (e.g. disabled).
The tax on an individual or trust’s income, after taking into account any allowances, deductions or reliefs.
An allowance for CGT to take into account inflation, abolished for individuals by the introduction of the CGT taper relief (now in turn replaced by the flat rate of CGT).
Dying without a will or testament, so the relevant laws of succession determine who inherits the estate.
An immediate post-death interest; introduced in FA 2006, allowing a testator to leave assets in his/her will to someone who is then treated as owning the assets in the IPDI trust for IHT purposes (like a pre-FA 2006 IIP trust).
A concept under FA04, allowing money purchase scheme members to drawn income from their fund, leaving the rest invested.
A scheme where its design takes account of state pension benefits that will be payable.
Income & Corporation Taxes Act 1988
Income Tax (Earnings & Pensions) Act 2003
Internal Dispute Resolution Procedure
Most occupational schemes are required to have in place an IDRP to resolve member disputes. The Pensions Ombudsman will expect this to have been used before complaints are taken further.
This case is important on two levels. From a practical perspective, it is a stark reminder to all trustees of the importance of keeping accurate and up-to-date records of their beneficiaries. Equally the case shows how vital it can be to take out insurance on the winding-up of a trust.
From a technical perspective, the case is important because it confirms, for the first time, that the protection afforded by section 27 of the Trustee Act 1925 can be extended to trustees of pension schemes. However, trustees cannot rely on the s27 protection when they have already had ‘notice’ of a claim. The judgment examines what constitutes notice for these purposes.